A man who kicked, punched and stomped on a stranger's head in a fatal, unprovoked 22-second attack at a train station has been found not criminally responsible for his actions.
Matthew Robert Breckenridge, 29, brutally assaulted 39-year-old Scott Parrott at Beresfield train station, near Newcastle, on December 12, 2022.
The Canadian, who has been diagnosed with treatment-resistant schizophrenia and substance-abuse disorder, pleaded not guilty to murder in the NSW Supreme Court on Wednesday, as he faced Mr Parrott's angry, often tearful, family.
"I honestly hope you rot in hell and never have anything to ever look forward to again for as long as your heart beats," Mr Parrott's sister, Cindy Wilson, said in a victim impact statement.
Mr Parrott's mother, Sharon Best, asked the killer what gave him the right to end her son's life like "something that you would see in a horror movie".
"You're an evil cowardly - can’t even call you a person - and we hate you so much," she said.
Breckenridge sat with his face down wearing a rumpled grey suit as he heard statements from five family members.
On Thursday, he appeared in court again and was found not criminally responsible for his actions.
At the time of the murder, he had been forced to take anti-psychotic medication after being released on a 12-month community corrections order for unrelated offences, court documents said.
Hours before the attack, he was observed by staff at the Newcastle community corrections office to be tired or under the influence of drugs as he was blinking slowly and falling asleep.
Breckenridge and Mr Parrott were on the same train towards Maitland and both got off at Beresfield station when the attack took place.
As Mr Parrott went up some stairs, the assailant kicked him in the head before shoving and punching him until he was lying on the steps.
Breckenridge then repeatedly stomped on the victim's head and neck before running away.
Mr Parrott was pronounced dead at the scene despite attempts by an ambulance officer and members of the public to help him.
Police found Breckenridge hiding on the outside of a stationary train carriage.
A day later, officers found methamphetamine and two syringes during a search at the Imperial Hotel, where he had been staying.
Justice Stephen Rothman agreed with reports from psychiatrists Olav Nielssen and David Greenberg that Breckenridge had a mental illness at the time of the attack.
“In the period immediately before the lethal assault, Mr Breckenridge had persecutory delusional beliefs regarding Mr Parrott,” Dr Nielssen wrote.
Justice Rothman found the act of murder was proven, but Breckenridge was not criminally responsible.
He acknowledged the death was "wholly tragic" for Mr Parrott's family because it had no motivation.
“The toll that the death ... has had on his family and friends has been agonising,” the judge said.
Breckenridge will be referred to the Mental Health Review Tribunal to implement a treatment program in a forensic hospital.
He will not be released until his and the community's safety were assured, Justice Rothman said.
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